Landmark Court Decision on Climate Change by the Highest Human Rights Court in the Americas & the Caribbean
For immediate release
San José, Costa Rica – Oil Change International welcomes the Inter-American Court of Human Rights’ historic decision on States’ obligations regarding the climate emergency and human rights. This landmark legal interpretation reinforces what science, communities, and international law have long made clear: the climate crisis is a human rights issue. The Court has clarified that strong climate action isn’t just good policy, it’s a legal requirement under human rights law.
Implications for States
In its Opinion, the Court unequivocally held that States have affirmative obligations under the American Convention on Human Rights to prevent, mitigate, and adapt to the harmful effects of climate change, both within and beyond their borders. Importantly, the Court emphasized the principle of common but differentiated responsibilities, and the need to protect the rights of future generations, Indigenous peoples, and those most vulnerable to environmental harm.
“There is no space to wait. The Advisory Opinion is a contribution of Law, but its impact will depend on the actions we all take,” said President of the Court, Nancy Hernández López.
The Court highlighted that environmental harm can constitute a breach of the right to life, health, and a dignified existence. It calls on States to enact robust environmental policies, ensure meaningful public participation, and uphold the rights of affected communities, and guarantee special protection to environmental defenders.
Implications for Corporates
Big Oil has recklessly polluted for decades – knowing that burning fossil fuels causes climate change – to maximize their profits. Now, the highest human rights court in the Americas & the Caribbean is sending a strong message to decision-makers around the world, not only judges, but to all public authorities, including the executive and legislative branches of government: States are responsible for protecting people from the destructive conduct of these businesses driving climate change. States that do not may be held legally accountable.
“According to the best available science, the magnitude of the impacts of climate change at the global level is undeniable,” the Court stated in their decision summary at today’s public hearing.
Call to Action
Oil Change International, urges all governments in the region to implement the Opinion’s guidance without delay and to embed human rights protections into national climate laws, development planning, and international climate negotiations.
In response, Maria Alejandra Vesga Correa, Legal Officer at Oil Change International, said:
“Advisory Opinions provide authoritative interpretations of States’ binding human rights obligations under the American Convention on Human Rights and other human rights treaties. This is a wake-up call for governments, fossil fuel industries, and financial institutions.”
“The era of impunity for climate and environmental harm is ending.”
Oil Change International applauds the leadership of Colombia and Chile for requesting the Opinion, and the Court for its comprehensive and courageous stance. It sets a precedent not only for the Inter-American system, but globally, affirming that the path to climate justice must be rooted in human rights, equity, and accountability.
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